Ogden City Zoning Code
ARTICLE XI
Conditional and Special Uses
§ 300-90 Purpose. [1]
The purpose of conditional and special use permits is to allow the proper integration of certain uses into appropriate zoning districts. Because of their characteristics, special use permit and conditionally permitted uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect on surrounding properties. Conditional and special use permit uses may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
§ 300-91 Distinction between conditional and special use permit use. [1]
The difference between a conditionally permitted use and a special use permit use is that a special use permit may have an expiration date or renewable term. The rights of a conditionally permitted use are the same as permitted uses, once approval is granted in accord with these regulations. Conditionally permitted uses may be reclassified special use permit uses when the circumstances of the application are such that the reviewing board finds that such reclassification is necessary to protect the public interest.
§ 300-92 Administration.
The provisions of this article shall be carried out by the Zoning Board of Appeals of the Town of Ogden, unless otherwise noted. The approving board may impose such reasonable conditions and restrictions as are directly related to and incidental to the application. The Board may also waive certain requirements or waive application materials should such requirements not be requisite to the interests of the public health, safety and general welfare and will not undermine the approval standards herein.
§ 300-93 Permits; application procedure.
A.
Applications for a conditional use or special use permit shall be made to the Building Inspector on forms supplied by the Town and shall be accompanied by a fee as set by the Town Board.
B.
Plan.
(1)
Each application for a permit shall be accompanied by a proposed plan showing the following:
(a)
Boundaries of the property plotted to scale.
(b)
A general location map identifying the location of the lot for which the permit is requested.
(c)
The location and dimensions of all existing and proposed structures on the lot.
(d)
The location of all existing and proposed access drives, parking areas and other paved surfaces on the lot.
(e)
The location of all streets and existing land uses within 500 feet of the applicant's property.
(f)
The location and type of existing and proposed vegetation on the property.
(g)
A description of the method of waste disposal, stormwater drainage and drinking water provision.
(h)
The location, size, design and materials description of all proposed signs.
(i)
The location and design of outdoor lighting facilities.
(2)
The Board may waive certain requirements for the proposed plan depending on the type, size, location or special circumstances of the use for which the permit is requested.
C.
Before approving or disapproving any request for a permit, the Board shall hold a public hearing after due notice.
D.
At the discretion of the Board, applications and approvals may proceed concurrently with those of site plan approval.
E.
No permit shall be valid for a period longer than one year from the date of issue unless a building permit is issued and construction is actually begun within that period.
F.
The Board may require that permits be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Board to the effect that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been or are being no longer complied with or circumstances have changed materially requiring a reassessment of permit conditions. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of the permit.
G.
A permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire if such use shall, for any reason, be discontinued for a period of six consecutive months or more.
§ 300-94 Conditions on permits.
The Board may impose such conditions upon the premises benefited by a conditional or special use permit as may be necessary to prevent or minimize adverse effects therefrom upon other property in the neighborhood; provided, however, that such conditions shall not be used as a device to perpetuate a permit for a use which is intended to be temporary in nature. Such conditions shall be expressly set forth in the resolution authorizing the use and in the permit itself. Violation of such conditions shall be subject to the same penalties and other enforcement mechanisms that apply to any other violation of this chapter.
§ 300-95 Referrals and other reviews.
A.
Required referral. Prior to taking any action on the permit, the Board shall refer the plan to the County Planning Department when necessary for advisory review and report in accordance with §§ 239-m, 239-n and 239-nn of the General Municipal Law.[1]
B.
In the event that a plan involves a need for variances, the applicant shall be so advised and the application will be tabled until resolution of the same.
§ 300-96 Standards for all uses.
A conditional or special use permit shall be granted only after meeting the following general approval criteria, in addition to meeting any specific approval criteria that may be required elsewhere in this chapter:
B.
The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
C.
The proposed building or use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.
D.
The proposed building or use will not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures.
E.
The proposed building or use will be served adequately by and be readily accessible to essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, drinking water, sewage disposal and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.
F.
The proposed building or use will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.
G.
The proposed building or use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use.
§ 300-97 Standards for specific uses.
Certain uses which require permits have unique impacts and therefore require a more specific review of their location, design, configuration and special impact. The uses listed below shall meet not only the general requirements for permit approval identified in § 300-95 of this article, but shall also meet the additional criteria below.
A.
Public parks, playgrounds and community centers. All outdoor areas of concentrated activity shall be separated from any adjoining property by a minimum of 50 feet or by a buffer found sufficient by the Planning Board to ensure visual and auditory privacy to such properties.
B.
Public utility facilities.
(1)
All buildings and structures shall either have exteriors which give the appearance of a structure permitted in the district where located or shall be screened from view from any private property located in any residential district; any such screening located in or adjoining any front yard shall be limited to vegetation which provides effective year-round screening.
(2)
All such uses shall be fenced where any hazard to the safety of human or animal life is present.
(3)
No service or storage yard or building shall be permitted except as permitted for other uses in the district.
(4)
Yards shall be provided as required by the district regulations.
C.
[1]Hospitals, clinics and nursing homes.
(1)
Purpose. This subsection provides guidelines for the establishment of hospitals, clinics and nursing homes in addition to other standards of this chapter which apply to these uses.
(2)
Off-street parking. Off-street parking and loading shall be provided as required in Article IX, Parking and Loading. Parking requirements may be increased depending upon the needs of each particular use as determined by the Planning Board. Such parking areas shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 60 feet from any boundary which abuts a residential district and at least 15 feet from each side.
(3)
Setbacks. No structure shall be within 250 feet of any property line.
(4)
Landscaping. The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries or parking and loading areas to protect adjacent properties from physical damage or nuisance. All landscaping shall be properly maintained during the period of use. Methods of installation and other regulations appear in § 300-52, Landscaping and buffering.
(5)
Lighting. Exterior lighting shall not be used to illuminate the structure. Such lighting shall be used only along walkways and in the parking area for safety purposes and shall be shielded from view of all surrounding residential properties and from streets.
(6)
Dwellings. No more than one dwelling shall be permitted in the clinic. Such dwelling shall have at least 700 square feet of gross floor area and shall meet the appropriate off-street parking requirements.
[1]
Editor's Note: Former Subsection C, Mining operations in the SID District, was repealed 12-14-2005 by L.L. No. 9-2005.
D.
Funeral homes in residential districts.
(1)
Purpose: the establishment of a place of business for a mortuary and to conduct respectful services for deceased persons.
(2)
The funeral home shall be conducted within a residence-type building having usable floor area of not less than 2,000 square feet.
(4)
Lot and building area requirements. The site shall meet the minimum lot area and other bulk requirements of the district in which it is located as well as the provisions of this section. Any existing main building shall be set back at least 60 feet from the street or from site boundaries abutting a business or industry zoned area, at least 100 feet from site boundaries abutting a residential zoned area and at least 150 feet from any existing building in residential use. Existing accessory structures shall be set back at least 60 feet from the street and all other site boundaries.[3]
(5)
Off-street parking. Off-street parking shall be provided in the amount set forth in Article IX, Parking and Loading, except that the same may be increased depending upon the parking needs of each proposed use as determined by the Planning Board. Such parking area shall be permanently improved, shall be located only on the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residentially zoned area and at least 15 feet in all other cases.
(6)
Landscaping. The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances. All landscaping shall be properly maintained during the period of use as a funeral home.
(7)
Lighting. Exterior lighting shall be shielded from view of all surrounding residence properties and from streets. All exterior lighting, other than lighting for security reasons, shall be extinguished no later than 10:00 p.m. Security lighting shall be turned on and off by solar power automatically.
(8)
Any such use shall comply with all applicable rules and regulations of any county or state agency having jurisdiction.